For the purpose of this local law, the terms used herein are
defined as follows:
ENGAGE IN BUSINESS
Solicitation, correspondence, contracting or furnishing of
containers, vehicles, machinery, appliances, materials or any other
items used for the purpose of the collecting, removing or transporting
of garbage.
GARBAGE
Material, goods, wares and merchandise, and any ingredients,
parts or by-products thereof, sold, assembled by business or commercial
firms who have discarded waste, whether animal, fish, fowl, fruit
or vegetable matter, resulting from the use, storage and growth of
food for human consumption, and including spoiled foods, garden and
tree fruits and vegetables, tin, glass or other food containers, discarded
combustible and noncombustible waste materials, swill, ashes, the
residue from the combustion of wood, coal, coke, charcoal and other
combustible material, newspapers, papers, rags, cartons, boxes, excelsior,
straw, rubber, leather, metals, mineral matter, crockery, dust and
sweepings from buildings. "Garbage" shall not be deemed to include
the carcasses of animals, grass and yard trimmings, tree branches
and rocks and stones.
GRASS
[Repealed 6-11-1990 by L.L. No. 9, 1990]
PERSON
Any individual, group of individuals, corporation, firm,
association or partnership. The term "person" includes the plural
as well as the singular, and the feminine as well as the masculine
gender.
[Amended 6-11-1990 by L.L. No. 9, 1990]
No person shall engage in the business of collecting, removing
or transporting garbage in the Town of Orangetown without first obtaining
from the Sanitation Commission a license to carry on such business
in the Town and an appropriate identification card for each vehicle
used in such business.
[Amended 5-24-1976 by L.L. No. 5, 1976; 10-13-1987 by L.L. No.
12, 1987; 11-23-1992 by L.L. No. 22, 1992; 10-10-1995 by L.L. No. 8, 1995; 10-16-1995 by L.L. No.
21, 1995]
The fee for a license to engage in the business described in
this local law shall be $200 per application, and $150 per vehicle
annually, which fee shall be payable to the Sanitation Commission
prior to the issuance of a license. The fee shall not be prorated,
except as herein stated, provided that, in the event of the sale of
a business, the new licensee shall pay a license fee of $100 per application
and $100 per vehicle if the new license is obtained after July 1 in
any year. Any application for a temporary license shall be accompanied
by a twenty-five-dollar fee.
[Amended 6-11-1990 by L.L. No. 9, 1990; 10-16-1995 by L.L. No.
21, 1995]
Each applicant for a license shall file with the Sanitation
Commission and the Town Clerk evidence in the form of a certificate
of insurance that a policy of liability insurance is in full force
and effect, with the limits of not less than $500,000/$1,000,000 covering
bodily injury and property damage, and covering the applicant and
each and every vehicle engaged in the collection of garbage, which
policy shall be endorsed to indemnify and save harmless the Town of
Orangetown from any and all claims for personal injury or property
damage arising out of the operation, ownership and maintenance of
any vehicle used by the applicant in the Town. Each applicant shall
file with the Sanitation Commission evidence in the form of a certificate
of insurance that the proper workmen's compensation insurance
is in force and effect covering each and every person employed by
the applicant in the collection of such garbage, rubbish and trade
waste. Said certificates of insurance shall be approved by the Town
Attorney.
All licenses issued under this local law shall be granted for
a term to end on the 31st day of December next following the issuance
thereof.
[Amended 5-24-1976 by L.L. No. 5, 1976]
A. Except as herein otherwise provided, any person having
been duly granted a license and identification card in any previous
year upon payment of a renewal fee of the same amount as required
for the original issue, and filing the insurance certificates required
herein, and upon a sworn statement to the Sanitation Commission that
there has been no change in the original application or any subsequent
supplementary application, and the written endorsement on the renewal
application form by the Chief of Police of the Town certifying to
the accuracy of the applicant's statements setting forth the
applicant's past criminal record and criminal associations, if
any, and to the completeness of such statements.
B. Failure to file a renewal application and pay the proper
fees therefor by the first day of November of each year shall subject
the applicant to the following penalties in addition to the normal
fees:
[Amended 10-13-1987 by L.L. No. 12, 1987; 11-23-1992 by L.L. No.
22, 1992; 10-16-1995 by L.L. No. 21, 1995]
(1) A penalty of $300 for filing between November 1 and November
30.
(2) A penalty of $600 for filing between December 1 and December
31.
C. All renewal applications filed subsequent to December 31 may be renewed at the discretion of the Commission. Should said renewal application be granted, the applicant shall pay a penalty of $300 for each month's delay after December 31, in addition to the penalty of $600 as provided in §
17B-9B(2).
[Amended 10-13-1987 by L.L. No. 12, 1987; 11-23-1992 by L.L. No.
22, 1992; 10-16-1995 by L.L. No. 21, 1995]
Refusal to comply with the following regulations shall be grounds
for revocation of the license:
A. The licensee shall, between the hours of 5:30 a.m. and
3:00 p.m. of the business day, excluding Sundays and holidays, be
required to furnish such services to the public as herein provided.
B. The licensee may work on Saturdays or holidays in his or
its individual discretion.
C. An identification card shall be carried on each vehicle
used in the licensee's business and shall be exhibited on demand
of the property owner where collection is being made or by the Orangetown
police.
D. The licensee shall render efficient, reliable, quiet and
courteous service at all times.
E. The licensee shall not arbitrarily discontinue service
to any customer. In the event that any customer fails to pay for the
services rendered for a period of three consecutive months, service
may be discontinued by the licensee giving a notice of discontinuance
in writing to the customer by certified mail, return receipt requested,
with a copy to the Sanitation Commission.
F. The licensee shall make a minimum of two collections per
week.
G. The licensee shall not refuse to collect garbage although
there is no separation of materials.
H. The collector shall pick up any garbage which is dropped
by him.
I. The licensee shall park his or its vehicle as far off the
road as possible.
J. The licensee shall continue to make pickups at the present
locations, provided that the same are at the exterior of the building
and no farther than approximately 100 feet from the curb. No customer
is required to place garbage cans along the street for pickups, except
in an emergency declared by the Supervisor of the Town of Orangetown.
K. The licensee will not be required to pick up at such times
when the sanitary landfill area is closed.
L. The licensee shall bill customers at least once every other
month.
N. The licensee may refuse service if proper access is not
provided to the premises by the customer after notice, provided that
the licensee shall immediately report to the Commission by certified
mail such lack of access and refusal to provide services.
O. The licensee's license may be revoked if the licensee
deposits any garbage, refuse or other material not originally received
by the licensee from a customer within the Town of Orangetown at the
Town of Clarkstown Solid Waste Facility located at Route 303 in West
Nyack, New York, or any other depository authorized for use by the
Town of Orangetown, if said licensee represents that the garbage,
refuse or other material was received from a customer within the Town
of Orangetown.
[Amended 6-11-1990 by L.L. No. 9, 1990; 3-11-1991 by L.L. No.
2, 1991]
P. The licensee's license may be revoked if the licensee
deposits any garbage, refuse or any other material received by the
licensee from a customer or location within the Town of Orangetown
at a facility other than the Town of Clarkstown Solid Waste Facility
at Route 303 in West Nyack, New York, or any other depository authorized
for such use by the Town of Orangetown.
[Added 3-11-1991 by L.L. No. 2, 1991]
A license shall not be assignable. Any holder of a license granted
under this local law who allows it to be used by any other person,
and any person who uses a license granted to any other person, shall
each be guilty of a violation of this local law.
The Town Board is hereby authorized and empowered to create
a Sanitation Commission which shall consist of five members to serve
without compensation. The members of the Sanitation Commission shall
be appointed by the Town Board, and the Town Board shall designate
one member to act as Chairman for a one-year term. The Town Board
may provide for compensation to be paid to experts, clerks and a secretary
and for such other expenses as may be necessary and proper, not exceeding
in all the appropriations that may be made by the Town Board for such
Sanitation Commission. The Town Board is hereby authorized to make
such appropriation as it may see fit for such expenses; however, such
expenses shall be a charge upon the taxable property of that part
of the Town outside of incorporated villages. Of the members first
appointed, one shall hold office for the term of one year, one for
the term of two years, one for the term of three years, one for the
term of four years and one for the term of five years from and after
his appointment. Their successors shall be appointed for terms of
five years from and after the expiration of the terms of their predecessors
in office. If a vacancy shall occur otherwise than by expiration of
a term, it shall be filled by the Town Board by appointment for the
unexpired term. The members of the Sanitation Commission shall serve
at the pleasure of the Town Board. Meetings of the Sanitation Commission
shall be held at such times at the call of the Chairman. Three members
of such Commission shall constitute a quorum for the transaction of
business. All meetings of such Commission shall be open to the public,
and the Commission shall keep minutes of its proceedings showing the
vote of each member upon any question, or, if absent or failing to
vote, indicating such fact, and shall also keep records of its examinations
and official actions. Every rule and regulation, every amendment or
repeal thereof and every requirement, decision or determination of
the Commission shall immediately be filed in the office of the Town
Clerk and shall be a public record.
The Sanitation Commission shall have the following powers in
order to further the purposes of this local law:
A. To investigate all violations of this local law and any
grievances reported by customers and the garbage collectors.
[Amended 6-11-1990 by L.L. No. 9, 1990]
B. To take testimony concerning violations of this local law,
grievances of customers, grievances of the garbage collectors and
petitions for higher rates.
[Amended 6-11-1990 by L.L. No. 9-1990]
C. To hold public hearings on 10 days' notice by publication
in the official newspaper of the Town of Orangetown, together with
written notice by certified mail to the garbage collector involved.
[Amended 6-11-1990 by L.L. No. 9, 1990]
D. All other powers necessary, incidental or implied to carry
out the purposes and proper functions of this local law.
Nothing in this local law shall be construed to supersede the
minimum standards contained in Part 19 of the State Sanitary Code,
which shall govern when and where any provisions of this local law
are found to be inconsistent with said standards.
Nothing contained in this local law shall be construed or interpreted
to make the Town of Orangetown a party to any contract for garbage
and/or grass removal.
All ordinances and local laws or parts of ordinances or local
laws heretofore enacted and inconsistent with any of the terms or
provisions of this local law are hereby repealed. In the event that
any portion of this local law shall be declared invalid by a court
of competent jurisdiction, such invalidity shall not be deemed to
affect the remaining portions hereof.
This local law shall take effect immediately upon filing in
the office of the Secretary of State.